Loveless v. City of Bells, Texas et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss filed by City of Bells, Texas, 9 Report and Recommendations,. Defendant City of Bells, Texas Motion to Dismiss Complaint [Doc. #6] is GRANTED, and the City of Bells, Texas, is DISMISSED with prejudice. It is further ORDERED that defendants Officer Christopher Hoppe and Chief Billy Saunders are DISMISSED without prejudice, for failure to serve. Signed by Judge Ron Clark on 8/30/13. (cm, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION BRIAN LOVELESS, Plaintiff, V. CITY OF BELLS, TEXAS, OFFICER CHRISTOPHER HOPPE, and CHIEF BILLY SAUNDERS, Defendants. § § § § § § § § § § § CASE NO. 4:13cv220 Judge Clark/Judge Mazzant ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On June 11, 2013, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant City of Bells, Texas’ Motion to Dismiss Complaint [Doc. #6] be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the court. It is, therefore, ORDERED that Defendant City of Bells, Texas’ Motion to Dismiss Complaint [Doc. #6] is GRANTED, and the City of Bells, Texas, is DISMISSED with prejudice. 1 It is further ORDERED that defendants Officer Christopher Hoppe and Chief Billy Saunders are DISMISSED without prejudice, for failure to serve. All relief not previously granted is hereby DENIED. The Clerk is directed to CLOSE this civil action. 30 So ORDERED and SIGNED on August ____, 2013. 2

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